- (1.) BY means of the present wrif petition under Article 226 of the Constitution of India, petitioners have claimed the following reliefs:- " (A) Issue order or direction in the nature of certiorari quashing orders dated 3. 8. 2007 and 29. 1. 2007 (Annexure No. 19 to the writ petition) passed by respondent No. 1 and 29. 1. 2007 (Annexure No. 11 to the writ petition) passed by respondent No. 2; (B) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning of petitioner's committee in the pursuance of the orders dated 3. 8. 2007 and 29. 1. 2007 (Annexure No. 19 to the writ petition) passed by respondent No. 1 and 29. 1. 2007 (Annexure No. 11 to the writ petition) passed by respondent no. 2; (C) Issue a writ, order or direction in the nature of mandamus directing to the some other suitable Administrative authority to enquire the Renewal of the Society of the respondent No. 3 regarding the papers filed by the respondent No. 3 after 26 years; (D) Issue a writ order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice; (E) Award the cost of the petition to the petitioner. "
(2.) BRIEF fact's of the case are as follows:- (i) The society named as Antahpuri Shiksha Samiti was a registered with the Registrar, Firms, Societies and Chits, Lucknow under the Societies Registration Act, 1860 having its registration No. 678/1968-69, File No. 19107, dated 17. 9. 1968. The aforesaid society runs an educational institution, named as Antahpuri Inter College, Sabalpur, Post Mangalpur, district Kanpur Dehat. In the year 1974 the institution was accorded recognition as Junior High School. In the year 1981 the institution was upgraded as High School and recognised under the U. P. Intermediate Education Act, 1921 and, thereafter, in the year 1991 the institution was upgraded upto Intermediate. On 1. 4. 1991 the institution was brought on grant-in-aid list of the State Government upto the High School only. The date when the institution was brought on grant-in-aid Jagannath Prasad was the Manager of the committee of management as well as the Manager of the society. The address of the society was the address of the institution. Daya Shanker Rajput was the Principal of the institution from 1. 7. 1980 to 30. 6. 1999. It appears that the registration of the said society was not renewed as the required under section 3-A inserted by the U. P. Act No. 52 of 1975 since 1979. (ii) In the year 1992, on 22. 1. 1992 registration of new society in the name of Antahpuri Vidyalaya Shiksha Samiti, Sabalpur Antahpuri (Sabalpur), Post Mangalpur, Tehsil and district Kanpur Dehat was sought. The said society was registered with the registration No. 1257 dated 22. 1. 1992 under the Societies of Registration Act, 1860. At the time of registration, office bearers were Jagat Singh Rajput (President), Sri Krishna Rajput (Vice President), Dayaram Tripathi (Manager/secretary), Umesh Kumar (Treasurer), Udai Singh Gaur, (Advisor), Dr. Suresh Singh, (Member), Balram Singh (Member), Ram Krishna Verma (Member), Krishna Kumar Singh (Member), Surendra Sewak Tripathi (Member) and Daya Shanker Rajput (Member ). It also appears that the registration of the society, which was constituted and registered on 22. 1. 1992 was renewed time to time. Respondent No. 3, Sobh Nath Singh Rajput, son of Jagannath Prasad Verma, the alleged member of the committee of management filed the application before the Assistant Registrar claiming that the registration in the year 1992 has been obtained by filing fraudulent documents and by mis-representation and requested for the cancellation of the said registration. Alongwith the application ihe affidavits of Daya Ram Tripathi, Surendra Sewak Tripathi, Udai Singh and letter of Suresh Singh were filed, in which they have stated that they have not made any signature in the application for registration of the society in the year 1992 on the basis of which the said society claimed to have been formed. It also appears that the respondent No. 3 has moved the application for the renewal of the registration of the society constituted in the year 1968. On the said application society has been renewed from 1997 upto 2010. On the application of the respondent No. 3, Assistant Registrar issued notices to the petitioner and fixed the date of hearing. Both the parties have been asked to adduce the evidences in their support. The evidences adduced by both the parties have been confronted and the replies were sought. After hearing both the parties, Deputy Registrar by the impugned order dated 3. 2. 2007 cancelled the registration of the petitioner society. It has been held that the said registration has been obtained fraudulently on the forged signature of Daya Ram Tripathi and others, which they have denied in their affidavits. It is further submitted that the registration has been obtained on misrepresentation that no society was in existence, while it was in existence. It has been further held that the registration of the society in the same name when one society was in existence was not justified. When one society was already in existence in the same name, no society could be constituted. Being aggrieved by the order of the Deputy Registrar petitioner filed Writ Petition No. 7855 of 2007. In the aforesaid writ petition by the interim order dated 13. 2. 2007 operation of the order passed by the Deputy Registrar was stayed. Respondent No. 3 filed Special Appeal No. 307 of 2007 against the interim order dated 13. 2. 2007. In the Special Appeal, Division Bench of this Court on 28. 3. 2007 held that against the order of the Deputy Registrar appeal lies under section 12-D 2) of the Act. Division Bench accordingly directed the petitioner to file the appeal before the Commissioner and the Commissioner has been directed to decide the appeal within the specified period. In pursuance thereof, the petitioner filed appeal before the Divisional Commissioner. Divisional Commissioner, Kanpur by the impugned order dated 3. 8. 2007 dismissed the appeal and confirmed order of the Deputy Registrar. Being aggrieved by the said order, present writ petition has been filed.
(3.) HEARD Sri R. K. Ojha, learned Counsel for the petitioner and Sri K. Ajit, learned Counsel appearing on behalf of respondent No. 3 and learned Standing Counsel. Learned Standing Counsel produced the record of the case.;